Gutterson v. Gutterson
Supreme Court of Minnesota
Appeal by defendants, Ina M. Gutterson and others, from an order of the District Court of Steele County, Buckham, J., made January 14, 1892, overruling their demurrer to the complaint. . The plaintiff, Mrs. Jessie E. Gutterson, brought this action August 6,1891, against the Minnesota Masonic Belief Association to recover $2,000. This corporation before answering deposited the money in court, and filed an affidavit that Ina M. Gutterson and others also claimed the money.
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Appeal by defendants, Ina M. Gutterson and others, from an order of the District Court of Steele County, Buckham, J., made January 14, 1892, overruling their demurrer to the complaint. . The plaintiff, Mrs. Jessie E. Gutterson, brought this action August 6,1891, against the Minnesota Masonic Belief Association to recover $2,000. This corporation before answering deposited the money in court, and filed an affidavit that Ina M. Gutterson and others also claimed the money. They were thereupon substituted in its place pursuant to 1878 G. S. ch. 66, § 131. From the complaint as amended it appeared…
1Opinion of the Court
Gileillan, G. J.
This case is controlled by the decision in Richmond v. Johnson, 28 Minn. 447, (10 N. W. Rep. 596.) Whether the Masonic Relief Association was a mutual life insurance company, or a mutual benefit society, whatever the difference between the two may be, is of no importance. The question is, what was the contract with the association, and what was the effect of the designation by the person whose life was insured of his wife, Nancy S. Gutterson, as the person to receive the sum payable on his death, and of her death during his life ? In this case, as in the case cited, the…
2Cases cited1 opinion
- Richmond v. JohnsonSupreme Court of Minnesota · 1881
3Cited by1 opinion
- Anderson v. MaySupreme Court of Minnesota · 1892